Working under implied status?

[Mrs_Canuck]

So frustrated/worried.

My husband's work permit expires in mid-July and we're not sure if his work place will allow him to work under implied status (a OWP renewal application was sent with the application). Do you know if there's any viable reason why a workplace would not allow him to work under implied status until he is awarded his PR status? The company is British, not Canadian so we're a little bit worried that we'll be hung out to dry in the interim of waiting for the application to go through CICs apparently never-ending process. He's currently the main bread winner and I'm looking for a better job, but we're not sure how it's going to turn out.

Any thoughts?

 

[parker24]

So frustrated/worried.

My husband's work permit expires in mid-July and we're not sure if his work place will allow him to work under implied status (a OWP renewal application was sent with the application). Do you know if there's any viable reason why a workplace would not allow him to work under implied status until he is awarded his PR status? The company is British, not Canadian so we're a little bit worried that we'll be hung out to dry in the interim of waiting for the application to go through CICs apparently never-ending process. He's currently the main bread winner and I'm looking for a better job, but we're not sure how it's going to turn out.

Any thoughts?

So is he working in Britain? Is he British? Why would he need a work permit?

If he's working in Canada, with a Canada based office, the reason would be simple: It's illegal.

 

[SenoritaBella]

@parker24, that's incorrect.

Her husband needs a work permit to work for any company in Canada. As long as his work permit renewal application is sent in before the current work permit expires, he will have implied status and can continue to work until CIC makes a decision on the permit.

He can use the fee receipt/copy of application as proof of having applied for renewal.

See this: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=188&t=17

Here's more information - your husband can continue working with the expired SIN as long as he has implied status: http://www.servicecanada.gc.ca/eng/sin/employers/expiry.shtml

Also, he can contact the CIC call centre and ask them to email this information to him. Print it and give his employer. This is what I did and there were no problems.
With implied status he can also try to see if he can have extension of his provincial medical coverage(I was able to get a 90 day extension and used a copy of the fee receipt as proof).

 

[Mrs_Canuck]

@ parker24, that's incorrect.

Her husband needs a work permit to work for any company in Canada. As long as his work permit renewal application is sent in before the current work permit expires, he will have implied status and can continue to work until CIC makes a decision on the permit.

He can use the fee receipt/copy of application as proof of having applied for renewal.

See this: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=188&t=17

Here's more information - your husband can continue working with the expired SIN as long as he has implied status: http://www.servicecanada.gc.ca/eng/sin/employers/expiry.shtml

Also, he can contact the CIC call centre and ask them to email this information to him. Print it and give his employer. This is what I did and there were no problems.
With implied status he can also try to see if he can have extension of his provincial medical coverage(I was able to get a 90 day extension and used a copy of the fee receipt as proof).

Thank you so much! We've been reading up on this information and it's helping a lot. Another question... Am I to assume that he can work under implied status until a decision is made? For example, if it takes another 5 months for CIC to reach a decision, would he be able to work under implied status until then?

 

[Line.a]

No you can't work on implied status unless you're being told so. It's a bit of a grey area I think, but I'd highly suggest not to!

You are on implied status until you get a response either by email or mail about renewal of whatever you applied for.

 

[canuck_in_uk]

No you can't work on implied status unless you're being told so. It's a bit of a grey area I think, but I'd highly suggest not to!

You are on implied status until you get a response either by email or mail about renewal of whatever you applied for.

This is wrong. A person on an extendable work permit who has applied for another work permit IS ALLOWED TO CONTINUE WORKING on Implied Status.

The only instance that the person cannot continue working is if the original work permit is non-extendable, like an IEC.

Thank you so much! We've been reading up on this information and it's helping a lot. Another question... Am I to assume that he can work under implied status until a decision is made? For example, if it takes another 5 months for CIC to reach a decision, would he be able to work under implied status until then?

Yes, he can continue working until a decision is made on the OWP app, even if it takes CIC 5 months

 

[parker24]

This is wrong. A person on an extendable work permit who has applied for another work permit IS ALLOWED TO CONTINUE WORKING on Implied Status.

The only instance that the person cannot continue working is if the original work permit is non-extendable, like an IEC.

Yes, he can continue working until a decision is made on the OWP app, even if it takes CIC 5 months

Please learn to be a little more tactful. You're coming off as very rude with "This is wrong." and "That's incorrect" Just simply say "Here's what CIC says". It's common sense.

 

[zardoz]

Isn't there a subtle difference between applying for a renewal of an existing work permit and applying for a completely new one based on a different criteria (OWP as a PR application)?

 

[canuck_in_uk]

Please learn to be a little more tactful. You're coming off as very rude with "This is wrong." and "That's incorrect" Just simply say "Here's what CIC says". It's common sense.

It was wrong, so I said so; I'm a fairly direct person. Common sense to me is making sure the OP has the correct information.

If the person I corrected feels offended, then let them say something to me. I have had others tell me I was wrong when I gave incorrect information. I was not offended, as it WAS wrong and my mistake.

 

[SenoritaBella]

I get what you are getting at, however, here are the scenarios:

1. If you hold a valid work permit, you can apply for renewal. Some work permits are one time deals, so to renew you will have to apply for another kind of work permit. Any subsequent work permit application is considered a "renewal" even if based on a different criteria. For example:

You have a 3 year post-graduate work permit. You can not get another post-graduate work permit(it's a one time deal) but you have two options to extend your work permit:
a) your employer obtains a positive LMO from HRDSC which you use to apply for a closed work permit or
b) apply for the bridging open work permit(if you have your acknowledgement of receipt from your permanent residence application and your work permit is expiring within 4 months).

In both scenarios, as long as you apply for extension/renewal before your current work permit expires, you will have implied status and can continue to work until CIC makes a decision on your application. You are not changing the conditions of your original permit i.e. you remain a worker regardless of the type(open or closed) work permit you hold.

You must not leave Canada for any reason when you are on implied status, otherwise, you loose it and will have to wait for CIC's decision wherever you are.

2) There are instances when you would not have implied status. e.g.
a) your work permit is expiring and you apply to extend your stay in Canada as a student. When your work permit expires, you must stop working. You are changing the conditions of your original permit i.e. from worker to student. You can not begin attending classes without receiving your study permit.

b) your work permit is expiring and you apply to extend your stay in Canada as a visitor. You must stop working when your work permit expires. Again, you are changing conditions of your original permit i.e. from worker to visitor.

c) your work permit expires and you have not applied to extend it or to change conditions to student or visitor. You must stop working when it expires. Also, you are "out of status". You will have 90 days from the expiration date of the work permit to apply for:
(i) restoration and work permit(if you have a LMO) or
(ii) restoration and change conditions to visitor

I read someone on the forum applied for restoration of status and a bridging open work permit using their AOR from PR application, and it was approved.

Isn't there a subtle difference between applying for a renewal of an existing work permit and applying for a completely new one based on a different criteria (OWP as a PR application)?